County of San Diego - CAL ID ProgramAGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S
CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK
THIS AGREEMENT ("Agreement") is made and entered into this first day of July, 2014,
by and between the County of San Diego, a political subdivision of the State of
California, hereinafter referred to as the "COUNTY," and the City of Poway, a municipal
corporation, hereinafter referred to as the "CITY."
RECITALS
A. The state of California Department of Justice maintains an automated system for
retaining and identifying fingerprints, palm prints, and photos, said system being
known as the California Identification System and Cal -Photo, and hereinafter referred
to as "CAL -ID."
B. The California Penal Code, Section 11112.1 et seq. provides for the establishment of
a Remote Access Network ("RAN"), consisting of a statewide network of equipment
and procedures allowing local law enforcement agencies direct access to CAL -ID.
C. The San Diego County Sheriffs Department, hereinafter referred to as "SHERIFF,"
is the COUNTY'S proprietary agency for San Diego County's California
Identification System/Remote Access Network, hereinafter referred to as "CAL-
ID/RAN."
D. The COUNTY's CAL-ID/RAN is governed by the COUNTY' Local CAL-ID/RAN
BOARD, established pursuant to Section 11112.4 of the California Penal Code, and
hereinafter referred to as the "RAN BOARD."
E. CAL-ID/RAN provides tenprint, latent fingerprint, latent palm print, and photo
identifications through the use of Local Input Terminals, hereinafter referred to as
"LIT's."
F. The CITY desires to participate in CAL-ID/RAN.
NOW, THEREFORE, the parties hereto agree that the COUNTY shall provide
CAL-ID/RAN services for the CITY through the SHERIFF's LIT site, subject to the
following terms and conditions.
1. SCOPE OF SERVICE
SHERIFF shall provide CAL-ID/RAN services for the CITY, including all tenprint,
fingerprint, palm print, and photo inquiries.
2. CALCULATION AND PAYMENT OF CAL -ID OPERATIONAL COSTS
2. 1. Ongoing CAL -ID Operational Costs shall include those costs needed to
maintain the CAL -ID Program. This includes but is not limited to:
2.1.1. Support personnel costs.
2.1.2. Equipment costs.
2.1.3. Equipment maintenance.
2.1.4. Vehicle costs.
2.1.5. Information technology telecommunication maintenance.
2.1.6. Services and supplies.
2.1.7. Overhead.
2.1.8. The cost for replacing the equipment amortized over ten years.
2.1.9. Funding for system enhancements authorized by the RAN BOARD.
2.1.10. Other costs necessary for the operation for CAL -ID as authorized by the
RAN BOARD.
2.2. The COUNTY will adjust the CAL -ID Operational Costs annually.
2.3. The COUNTY may make a General Fund Contribution to offset CAL -ID
Operational Costs.
2.4. The RAN BOARD may authorize the transfer of funds from the Sheriff's
Fingerprint ID Trust Fund to offset Trust Fund -qualified CAL -ID Operational
Costs.
2.5. Annual CAL -ID Operational Cost minus any Sheriffs Fingerprint ID Trust
Fund contributions equals the annual net CAL -ID Operational Costs.
3. CITY COST
The CITY shall reimburse the COUNTY for its proportional share of the annual net
CAL -ID Operational Costs associated with CAL-ID/RAN, based upon the following
formula:
3.1. The CITY'S CAL -ID Cost Allocation Percentage is the mean of the CITY'S
percentage of total county population and the CITY'S percentage of Number of
FBI Crimes.
3.1.1. The CITY'S percentage of total County population shall be based on the
San Diego Association of Governments (SANDAG) most recent issue of
"Population by Jurisdiction," contained in SANDAG "Thirty Years of
Crime in the San Diego Region" report, which is published annually.
3.1.2. The CITY'S percentage of Number of FBI Crimes shall be based on
SANDAG's most recent issue of "Number of FBI Index Crimes by
Jurisdiction," contained in "Thirty Years of Crime in the San Diego
Region" report, which is published annually.
3.2. This percentage shall be adjusted annually using the most recent SANDAG data.
The data for the first year of this Agreement has been set forth as Attachment A
hereto.
3.3. The CITY agrees to the use of SANDAG "Thirty Years of Crime in the San
Diego Region" report's "Population by Jurisdiction" and "Number of FBI Index
Crimes by Jurisdiction" numbers as mentioned above in sections 3.1.1 and 3.1.2.
3.4. The CITY'S annual CAL -ID costs equals the annual net CAL -ID Operational
Costs times the CITY'S CAL -ID Cost Allocation Percentage.
3.5. The CITY'S estimated CAL -ID costs for the first year of this Agreement are
calculated on Attachment B, which is hereby made a part of this Agreement.
3.6. The Sheriff of the County of San Diego may, on behalf of the COUNTY,
annually revise the CITY'S estimated CAL -ID costs (Attachment B), based on
the most recent SANDAG population and FBI Crime Statistics in accordance
with Section 3.1 and current CAL -ID Operational Costs specified in 2.1 above.
Such estimate, when approved by the CITY and the Sheriff, acting on behalf of
the COUNTY, shall be made a part of this Agreement as Attachment B.
3.7. The CITY shall be billed semi-annually based on its proportional share of the
estimated ongoing net CAL -ID Operational Costs and shall pay the COUNTY
for the aforementioned costs within thirty days from the date of the invoice for
such costs.
3.8. Actual ongoing costs shall be calculated at the end of each fiscal year. Any
overages or shortages based on actual costs will be transferred to or from the
Sheriffs Fingerprint ID Trust Fund.
3.9. The COUNTY shall maintain a separate accountability for purposes of the
Sheriffs Fingerprint ID Trust Fund and shall provide a financial report at the
end of each fiscal year to the State of California.
4. SYSTEM OPERATING POLICIES AND PROCEDURES
4.1. The primary purpose of CAL-ID/RAN shall be to serve all law enforcement
agencies in San Diego County.
4.2. The RAN BOARD may add or remove law enforcement agencies from CAL-
ID/RAN.
4.3. Participating CITIES, and the COUNTY, shall abide by all State and Federal
statutes, as well as all policies adopted by the COUNTY, the State of California,
or the Local RAN Board concerning the security, privacy, and dissemination of
any and all tenprint, fingerprint, palm print, and photo identification data
contained in CAL-ID/RAN.
4.4. The COUNTY, in its discretion, may enter into one or more agreements
("Vendor Contracts") with third -party providers of hardware and software to
obtain CAL -ID services for the COUNTY, and to provide such services to the
CITY pursuant to this Agreement. The COUNTY shall provide to the CITY,
and the CITY hereby acknowledges receipt of, any such Vendor Contracts
pertaining to the services that the COUNTY provides to the CITY under this
Agreement. The CITY shall observe and abide by all of the contractual duties of
the COUNTY under any such relevant Vendor Contract. However,
notwithstanding such undertaking, the CITY shall have no rights to enforce such
a Vendor Contract against the COUNTY or any third -party provider, nor may
the CITY seek damages against any such third -party provider under any theory
of contract, including, without limitation, third -party beneficiary principles.
4.5. Operational policy shall be established and modified as deemed appropriate by
the Local RAN BOARD. This policy shall ensure that each user is treated
equitably, with primary consideration based on each user agency's service
population and crime rate.
4.6. The RAN BOARD shall resolve any dispute between users over operational
policies established by the RAN BOARD.
4.7. The COUNTY shall ensure the proper and effective operation and maintenance
of equipment used to participate in CAL-ID/RAN.
4.8. The COUNTY shall continue forwarding electronic prints submitted via live
scans for arrests to the Department of Justice as required by law.
4.9. This Agreement incorporates by reference: California Penal Code Section
11112.1 et seq. and any related legislation enacted thereto; State Department of
Justice CAL-ID/RAN Master Plan and any changes thereto; State Department of
Justice CAL-ID/RAN Policy Manual and any changes thereto; and the San
Diego County Local RAN BOARD Operating Policies.
5. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended, or otherwise changed by an
amendment in writing executed by the CITY and the COUNTY.
6. TERMINATION
Notwithstanding any other section or provision of this Agreement, either party hereto
may terminate this Agreement by giving a one-year advance written notice of intention to
terminate.
7. TERM OF AGREEMENT
This Agreement shall take effect July 1, 2014 and unless terminated sooner as provided
for herein, shall terminate on June 30, 2019.
8. INDEMNIFICATION
The COUNTY shall not be liable for, and the CITY shall defend, indemnify and hold the
COUNTY, its officers, agents and employees, harmless from any and all claims,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor
disputes, losses, damages, expenses, charges or costs of any kind or character, including
attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related
to the performance of this Agreement, arising either directly or indirectly from any act,
error, omission or negligence of Contractor or its contractors, licensees, agents, servants
or employees, including, without limitation, Claims caused by the concurrent negligent
act, error or omission, whether active or passive, of the County, its officers, agents,
employees and contractors.
IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this AGREEMENT
pursuant to action taken by its Board of Supervisors, and the City of Poway executes this
AGREEMENT, pursuant to action taken by the City Council.
COUNTY OF SAN DIEGO
By
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY
By AWA
Deputy ounty Counsel
Board of . _ -- —, uurnonzea by the
Supe''r^v^isors of the County of San
ieeony Dasa: Y 2y l 1 Minute order I
M
N
By
City Manager
APPROVED AS TO FORM AND
LEGALITY
By LA
Ci ttorney
Attachment A
Cal -ID Cost Allocation
Based on Population and Crime
Fiscal Year 2014-2015
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Thirty Years of Crime it the San Diego Region, 1984-2013" Published in April 2014
% Ut
% of County
FBI Number
County
City
Population
Population
of Crimes
Crime
Mean of Ws
Carlsbad
108,246
3.47%
2,306
2.91%
3.19%
Chula Vista
251,613
8.07%
5,879
7.43%
7.75%
Coronado
23,176
0.74%
566
0.72%
0.73%
Del Mar
4,199
0.13%
195
0.25%
0.19%
EI Cajon
100,460
3.22%
3,120
3.94%
3.58%
Encinitas
60,482
1.94%
1,208
1.53%
1.73%
Escondido
145,901
4.68%
4,561
5.76%
5.22%
Imperial Beach
26,496
0.85%
587
0.74%
0.80%
La Mesa
58,244
1.87%
2,149
2.72%
2.29%
Lemon Grove
25,554
0.82%
654
0.83%
0.82%
National City
58,838
1.89%
2,209
2.79%
2.34%
Oceanside
169,350
5.43%
5,128
6.48%
5.96%
Poway
48,559
1.56%
665
0.84%
1.20%
San Diego
1,326,238
42.56%
37,031
46.81%
44.68%
San Marcos
87,031
2.79%
1,614
2.04%
2.42%
Santee
55,033
1.77%
1,321
1.67%
1.72%
Solana Beach
12,987
0.42%
321
0.41%
0.41%
Vista
95,262
3.06%
2,490
3.15%
3.10%
Unincorporated
458,495
14.71%
7,112
8.99%
11.85%
3,116,164
100.00%
79,116
100.00%
100.00%
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Thirty Years of Crime it the San Diego Region, 1984-2013" Published in April 2014
Attachment B
Cal -ID Contract Projections by Agency - FY 2014-2015
Revenue
County General Gund Contribution
$716,000
Transfer from Trust Fund
$3,115,240
User Fees
$716,000
Total Funding
$4,547,240
Overhead
Allocated Overhead On County Salaries and Benefits I $281,105
Expenses
Count Salaries and Benefits $2,060,080
Services and Su lies $2,159,989
Fixed Assets Expense $233,445
Total Expenses $4,453,514
User Fee Allocation
Allocation Estimated FY
City/Jurisdiction Percentage 2014/15 Cost
Carlsbad
3.19%
$22,870
Chula Vista
7.75%
$55,509
Coronado
0.73%
$5,224
Del Mar
0.19%
$1,365
EI Cajon
3.58%
$25,659
Encinitas
1.73%
$12,415
Escondido
5.22%
$37,400
Imperial Beach
0.80%
$5,700
La Mesa
2.29%
$16,416
Lemon Grove
0.82%
$5,895
National City
2.34%
$16,755
Oceanside
5.96%
$42,660
Poway
1.20%
$8,588
San Diego
44.68%
$319,930
San Marcos
2.42%
$17,302
Santee
1.72%
$12,300
Solana Beach
0.41%
$2,945
Vista
3.10%
$22,211
Unincor orated
11.85%1
$84,856
Total User Fees 100.00% $716,000.00
ERIp�
William D. Gore, Sheriff
San Diego County Sheriff's Department
February 28, 2012
Cal -ID Users,
Post Office Box 939062 • San Diego, California 92193 -9062
Thomas J. Cooke, Ondersheriff
The five -year Cal -ID /Remote Access Network (RAN) user agreement expired on June
30, 2010. The user agreement has been extended by the RAN Board, most recently on
February 17, 2012. The RAN Board extended the user fee contracts through June 30,
2013.
If you have any questions, please contact the Cal -ID Program Administrator at 858 -467-
4584.
Sincerely,
WILLIAM D. GORE, SHERIFF
i
iI z '
Rosie Tapper, Cal -ID Program Administrator
San Diego County Sheriffs Department
52:55 Mount Enna Drive
San Diego, CA 92117
858- 467 -4584
Enclosures
"Keeping the Peace Since 1850"
ERlp 7
San Diego County Sheriff's Department
° Post Office Box 939062 • San Diego, California 92193 -9062 °
William D. Gar, Sheriff Thomas J. Cooke. Unele, she,iff
February 28, 2012
City of Poway
Finance Department
13325 Civic Center Drive
Poway, CA 92064
As outlined in the current Cal -ID User's Agreement the City of Poway shall be billed
semi - annually for Cal -ID operational costs bases on its proportional share of the
estimated ongoing net operational costs in Fiscal Year 2011 -12. This is the first billing of
the fiscal year.
Enclosed are the first invoice, a return envelope, and the cost.
If you have any questions regarding the invoiced amount, please contact the Cal -ID
Program Administrator at 858- 467 -4584.
Sincerely,
WILLIAM D. GORE, SHERIFF
//
Rosie Tapper, Cal -ID Program Administrator
San Diego County Sheriffs Department
5255 Mount Etna Drive
San Diego, CA 92117
858- 467 -4584
Enclosures
"Keeping the Peace Since 1850"
RO
= San Diego County Sheriff's Department
4O ew ee °2r
Post Office Box 939062 - San Diego, California 92193 -9062 *CC Gore, Sheriff INVOICE
February 28, 2012
City of Poway
Finance Department
13325 Civic Center Drive
Poway, CA 92064
RE: Cal -ID Program Costs - Poway
DESCRIPTION
AMOUNT
Cal -ID Program Costs for
July 1, 2011 to December 31, 2011 $4,349.00
PAY THIS AMOUNT
$4,349.00
Thom -J. Cooke, Urrderehefiff
Please make the remittance payable to the SAN DIEGO COUNTY SHERIFF. All
amounts are due within 30 days of the date of this invoice. Return payment and a copy of
this form to:
San Diego County Sheriff's Department
Attn: Freweini Berhe/Financial Services Division
P.O. Box 939062
San Diego, CA 92193-9062
For contract inquires, please contact the Cal -ID Program Administrator at 858-4p7-4584..
Purpose v,J(�'�
Account No. /
Authorization
"Keeping the Peace Since 1850"
Attachment A
Cal -ID Cost Allocation
Based on Population and Crime
Fiscal Year 2011 -2012
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Twenty Five Years of Crime in the San Diego Region, 1985- 2009" Published in April 2010
% Of
% of County
FBI Number
County
City
Population
Population
of Crimes
Crime
Mean of Ws
Carlsbad
106,804
3.36%
2,015
2.60%
2.98%
Chula Vista
237,595
7.47%
5,787
7.46%
7.46%
Coronado
23,916
0.75%
467
0.60%
0.68%
Del Mar
4,660
0.15%
148
0.19%
0.17%
El Cajon
99,637
3.13%
3,153
4.06%
3.60%
Encinitas
65,171
2.05%
1,093
1.41%
1.73%
Escondido
147,514
4.64%
4,630
5.96%
5.30%
Imperial Beach
28,680
0.90%
598
0.77%
0.84%
La Mesa
58,150
1.83%
2,210
2.85%
2.34%
Lemon Grove
26,131
0.82%
687
0.89%
0.85%
National City
57,799
1.82%
2,278
2.93%
2.38%
Oceanside
183,095
5.76%
4,559
5.87%
5.82%
Poway
52,056
1.64%
615
0.79%
1.21%
San Diego
1,376,173
43.27%
36,369
46.86%
45.06%
San Marcos
84,391
2.65%
1,879
2.42%
2.54%
Santee
58,044
1.83%
1,112
1.43%
1.63%
Solana Beach
13,783
0.43%
291
0.37%
0.40%
Vista
97,513
3.07%
2,515
3.24%
3.15%
Unincorporated
459,038
14.43%
7,214
9.29%
11.86%
3,180,150
100.00%
77,620
100.00%
100.00%
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Twenty Five Years of Crime in the San Diego Region, 1985- 2009" Published in April 2010
Attachment B
Cal -ID Contract Projections by Agency - FY 2011 -2012
Revenue
County General Fund Contribution
2.98%
$716,000
Transfer from Trust Fund
7.46%
$6,261,034
User Fees
0.68%
$716,000
Total Funding
0.17%
$7,693,034
Expenses
County Salaries and Benefits
2.98%
$1,852,989
Allocated Overhead On County Salaries and Benefits
7.46%
$270,029
Services and Supplies
0.68%
$4,160,016
Fixed Assets Expense
0.17%
$1,410,000
Total Expenses
User Fee Allocation
City /Jurisdiction
$7,693,034
Allocation Estimated FY
Percentage 2011/12 Cost
Carlsbad
2.98%
$21,317
Chula Vista
7.46%
$53,438
Coronado
0.68%
$4,846
Del Mar
0.17%
$1,207
El Cajon
3.60%
$25,759
Encinitas
1.73%
$12,378
Escondido
5.30%
$37,961
Imperial Beach
0.84%
$5,987
La Mesa
2.34%
$16,739
Lemon Grove
0.85%
$6,110
National City
2.38%
$17,013
Oceanside
5.82%
$41,639
Poway
1.21%
$8,697
San Diego
45.06%
$322,662
San Marcos
2.54%
$18,167
Santee
1.63%
$11,663
Solana Beach
0.40%
$2,894
Vista
3.15%
$22,577
Unincorporated
11.86%1
$84,948
Total User Fees 100.00% $716,000.00
User Fee Allocation
Allocation Estimated
City /Jurisdiction Percentage FY 2011/12 Cost
1st Invoice 2nd Invoice
July - December 2011 January - June 2012
Carlsbad
2.98%
$21,317
$10,659
$10,659
Chula Vista
7.46%
$53,438
$26,719
$26,719
Coronado
0.68%
$4,846
$2,423
$2,423
Del Mar
0.17%
$1,207
$604
$604
El Cajon
3.60%
$25,759
$12,880
$12,880
Encinitas
1.73%
$12,378
$6,189
$6,189
Escondido
5.30%
$37,961
$18,981
$18,981
Imperial Beach
0.84%
$5,987
$2,994
$2,994
La Mesa
2.34%
$16,739
$8,370
$8,370
Lemon Grove
0.85%
$6,110
$3,055
$3,055
National City
2.38%
$17,013
$8,507
$8,507
Oceanside
5.82%
$41,639
$20,820
$20,820
Poway
1.21%
$8,697
$4,349
$4,349
San Diego
45.06%
$322,662
$322,662
One Invoice Per Year
San Marcos
2.54%
$18,167
$9,084
$9,084
Santee
1.63%
$11,663
$5,832
$5,832
Solana Beach
0.40%
$2,894
$1,447
$1,447
Vista
3.15%
$22,577
$11,289
$11,289
Unincorporated
11.86%
$84,948
$42,474
$42,474
Total User Fees 1
100.00%1
$716,000.00
$519,330
$196,670
V!1
San Diego County Sheriff's Department a-.- Post Office Box 939062 •San Diego, California 92193 -9062
Thomas I. Cooke, Ondersheriff
September 28, 2010
Cal -ID Users,
The five -year Cal -ID/RAN agreement expired on June 30, 2010. On June 29, 2010 the
Board of Supervisors authorized to extend the Cal -ID/RAN User Agreement for one year
until June 30, 2011. This one -year extension is requested in lieu of a new five -year
contract because the method for determining user city fees is currently under review. A
contract amendment for the one year extension is being prepared and will be mailed out
separately in the near future for your City's review and approval.
If you have any questions, please contact the Cal -ID Program Administrator at 858 -467-
4584.
Sincerely,
WILLIAM D. GORE, SHERIFF
r �, i
Rosie Tapper, Cal-11) Program Administraor
San Diego County Sheriffs Department
5255 Mount Etna Drive
San Diego, CA 92117
858- 467 -4584
Enclosures
"Keeping the Peace Since 1850"
o�co —ZS%A
�6 OF:.POW_AY- DOGl1ily
AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S
CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK
THIS AGREEMENT ( "Agreement ") is made and entered into this first day of July,
2005, is by and between the County of San Diego, a political subdivision of the State of
California, hereinafter referred to as "COUNTY ", and the City of Poway a municipal
corporation, hereinafter referred to as "CITY ".
RECITALS
A. The state of California Department of Justice maintains an automated system
for retaining and identifying fingerprints, palm prints, and photos, said system being
known as the California Identification System and Cal - Photo, and hereinafter referred to
as "Cal -ID ".
B. The California Penal Code, Section 11112.1 et seq. provides for the
establishment of a Remote Access Network ( "RAN "), consisting of a statewide network
of equipment and procedures allowing local law enforcement agencies direct access to
Cal -ID.
C. The San Diego County Sheriff s Department, hereinafter referred to as
"SDSD ", is the COUNTY'S proprietary agency for San Diego County's California
Identification System /Remote Access Network, hereinafter referred to as "Cal -ID /RAN ".
D. San Diego County's Cal -ID /RAN is governed by San Diego County Local
Cal -ID /RAN Board, established pursuant to Section 11112.4 of the California Penal
Code, and hereinafter referred to as "RAN BOARD ".
E. Cal -ID /RAN provides both tenprint identification, latent identification, and
photo identification through the use of Local Input Terminals, hereinafter referred to as
"LIT's.
F. CITY desires to participate in Cal -ID /RAN.
G. The General law and traffic enforcement services contract between CITY and
COUNTY makes no provision for Cal -ID services or funding.
NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal -
ID /RAN services for CITY through the SDSD's LIT site subject to the following terms
and conditions.
1. SCOPE OF SERVICE
SDSD shall provide Cal -ID /RAN services for CITY, including all tenprint and latent
inquiries and photo inquiries.
2. CALCULATION AND PAYMENT OF CAL -11) OPERATIONAL COSTS
2.1. Ongoing Cal -ID operational costs shall include those costs needed to maintain
the Cal -ID Program. This includes but is not limited to:
2.1.1.
Support personnel costs
2.1.2.
Equipment costs
2.1.3.
Equipment maintenance
2.1.4.
Vehicle costs
2.1.5. Information technology telecommunication maintenance
2.1.6. Services and supplies
2.1.7. Overhead
2.1.8. The cost for replacing the equipment amortized over ten years
2.1.9. Funding for system enhancements authorized by the RAN Board
2.1.10. Other costs necessary for the operation for Cal -ID as authorized by the
RAN Board.
2.2. The COUNTY will adjust the Cal -ID operations cost annually and advise the
CITY of the amount by March 31 of each year.
2.3. The' COUNTY may make a General Fund Contribution to offset Cal -ID
Operational Costs. The CITY will be advised of this contribution by March 31 of
each year.
2.4. The RAN Board may authorize the transfer of funds from the Cal -ID Trust Fund
to offset Cal -ID Operational Costs. The RAN Board will advise the CITY of this
contribution by March 31 of each year.
2:5. Cal -ID's annual operations costs minus any Cal ID Trust Fund and County
General Fund contributions equals the annual Cal -ID Net Operational Costs.
3. CITY COST
' 'CITY`shall reimburse COUNTY for its proportional share of the annual net operational
costs associated with Cal -ID /RAN, based upon the following formula:
3.1. The CITY'S percentage of total county population plus the CITY'S percentage of
Number of FBI Crimes divided by 2 equals the CITY'S Cal -ID Cost Allocation
Percentage.
3.1.1. CITY'S percentage of total County population shall be based on the San
Diego Association of Governments (SANDAG) most recent "Population and
Housing Estimates," which are revised annually.
9 �.
3.1.2. CITY'S percentage of Number of FBI Crimes shall be based on
SANDAG'S most recent issue of "Crime in San Diego Region," which is
published annually
3.2. This percentage shall be adjusted annually using the previous year's SANDAG
data. The data for the first year of this Agreement has been set forth as
Attachment A hereto.
3.3. The annual Cal -ID Net Operational Costs times the CITY'S Cal -ID Cost
Allocation Percentage equals the CITY'S Annual Cal -ID costs.
3.4. CITY'S estimated Cal -ID costs for the first year of this Agreement are calculated
on Attachment B, which is hereby made a part of this Agreement.
3.5. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually
revise CITY'S estimated Cal -ID costs (Attachment B), based upon the most
recent SANDAG population and FBI Crime Statistics in accordance with Section
3.1 and current operational costs specified in 2.1 above. Such estimate, when
approved by CITY and the Sheriff, acting on behalf of the COUNTY, shall be
made a part of this Agreement as Attachment B.
3.6. CITY shall be billed semi - annually based on its proportional share of the
estimated ongoing net operational costs and shall pay COUNTY for the
aforementioned costs within thirty days from the date of the invoice for such
costs.
3.7. Actual ongoing costs will be calculated at the end of each fiscal year. Any
shortages or overages based on actual costs will be transferred to or from the
Sheriffs "Fingerprint Trust Fund."
3.8. COUNTY shall maintain a separate accountability for purposes of funding Cal -
ID /RAN and shall provide a financial report at the end of each fiscal year.
4. SYSTEM OPERATING POLICIES AND PROCEDURES
4.1. The primary purpose of Cal -ID /RAN shall be to serve all law enforcement
agencies in the COUNTY.
4.2. From time -to -time, the RAN Board may add and remove law enforcement
agencies from Cal -ID.
4.3. Participating CITIES and COUNTY shall abide by all State and Federal statutes,
as well as all policies adopted by COUNTY and State or Local RAN BOARD
concerning the security, privacy and dissemination of any and all fingerprint and
photo identification data contained in Cal -ID /RAN.
.. • •
4.4. The COUNTY, in its discretion, may enter into one or more agreements
( "Vendor Contracts ") with third -party providers of hardware and software to
obtain CAL -ID services for the COUNTY, and to provide such services to CITY
pursuant to this Agreement. COUNTY shall provide to CITY, and CITY hereby
acknowledges receipt of, any such Vendor Contracts pertaining to the services
COUNTY provides to CITY under this Agreement. CITY shall observe and
abide by all of the contractual duties of COUNTY under any such relevant
Vendor Contract. Notwithstanding such undertaking, however, CITY shall have
no rights to enforce such a Vendor Contract against the County or any third -party
provider, nor may CITY seek damages against any such third -party provider
under any theory of contract, including, without limitation, third -party
beneficiary principles.
4.5. Operational policy shall be established and modified as deemed appropri ate by
the RAN BOARD. This policy shall ensure that each user is treated equitably,
with primary consideration based on each user agency's service population and
crime rate.
4.6. The RAN Board shall resolve any dispute between users over operational
policies established by the RAN BOARD.
4.7. COUNTY shall ensure the proper and effective operation and maintenance of
equipment used to participate in Cal -1D /RAN.
4.8. COUNTY shall continue forwarding electronic prints submitted via livescans for
arrests to the Department of Justice as required by law.
4.9. This Agreement incorporates by reference: California Penal Code Section
11112.1 et seq. and any related legislation enacted thereto; State Department of
Justice Cal -ID /RAN Master Plan and any changes thereto; State Department of
Justice Cal -ID /RAN Policy Manual and any changes thereto; and the San Diego
County Local RAN Board Operating Policies.
5. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended, or otherwise changed by an
amendment in writing executed by the CITY and COUNTY.
6. TERMINATION
Notwithstanding any other section or provision of this Agreement, either party hereto
may terminate this Agreement by giving a one -year advance written notice of intention to
terminate.
7. TERM OF AGREEMENT
This Agreement shall take effect July 1, 2005 and unless sooner terminated as provided
for herein, shall terminate on June 30, 2010.
H. INDEMNIFICATION
COUNTY shall not be liable for, and CITY shall defend, indemnify and hold COUNTY,
its officers, agents and employees, harmless from, any and all claims, demands, liability,
judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or character, including attorneys' fees and court
costs (hereinafter collectively referred to as "Claims "), related to the performance of this
Agreement, arising either directly or indirectly from any act, error, omission or
negligence of Contractor or its contractors, licensees, agents, servants or employees,
including, without limitation, Claims caused by the concurrent negligent act, error or
omission, whether active or passive, of County, its officers, agents, employees and
contractors.
IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this
AGREEMENT pursuant to action taken by its Board of Supervisors, and the
City of Poway executes this AGREEMENT, pursuant to action taken by the City
Council.
COUNTY OF SAN DIEGO
By I J ��
Clerk, Board of Supervisors ~
APPROVED AS TO FORM AND
LEGALITY
By
D y ounty Counsel
Approved and /or authorized by the Board
of suprvi s Z�pe County of San DI o
DateMinute Order No.�
THOMAS J. PASTUSZKA
Clerk t yard of pe isors
B
yDeput} Clerk
AS TO FORM AND
LEGALITY*
By /
City Attomey
0
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Crime in the San Diego Region, Annual 2004" Published in April 2005
•
•
Attachement A
Cal -ID Cost Allocation
Based on Population
and Crime
Fiscal Year
2005 -2006
% Of
% of County
FBI Number
County
City
Population
Population
of Crimes
Crime
Mean of Ws
Carlsbad
92,995
3.08%
2,433
2.22%
2.65%
Chula Visa
209,436
6.94%
8,052
7.36%
7.15%
Coronado
26,459
0.88%
699
0.64%
0.76%
Del Mar
4,555
0.15%
210
0.19%
0.17%
El Cajon
97,643
3.24%
4,804
4.39%
3.81%
Encinitas
62,586
2.07%
1,401
1.28%
1.68%
Escondido
140,671
4.66%
6,331
5.79%
5.22%
Imperial Beach
27,779
0.92%
1,085
0.99%
0.96%
La Mesa
56,050
1.86%
2,412
2.20%
2.03%
Lemon Grove
25,592
0.85%
1,084
0.99%
0.92%
National City
57,047
1.89%
3,255
2.97%
2.43%
Oceanside
173,307
5.74%
7,138
6.52%
6.13%
Poway
50,632
1.68%
924
0.84%
1.26%
San Diego
1,294,032
42.89%
52,217
47.72%
45.31%
San Marcos
67,426
2.23%
1,745
1.59%
1.91%
Santee
54,022
1.79%
1,397
1.28%
1.53%
Solana Beach
13,431
0.45%
370
0.34%
0.39%
Vista
94,048
3.12%
3,361
3.07%
3.09%
Unincorporated
469,493
15.56%
10,499
9.60%
12.58%
3,017,204
100.00%
109,417
100.00%
100.00%
0
Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments
"Crime in the San Diego Region, Annual 2004" Published in April 2005
•
Attachement B
CaHD Contract Projections by Agency - FY 2005 -2006
Revenue
County General Fund Contribution $716,000
Transfer from Trust Fund $1,161,432
User Fees $716,000
Total Funding $2,593,432
Expenses
County Salaries and Benefits
$1,059,962
Allocated Overhead On County Salaries and Benefits
$165,354
Services and Supplies
$716,442
Equipment Replacement Fund
$325,000 "
San Diego PD In Kind Services
$122,374
Fixed Assets Exoense
$204,300
User Fee Allocation
Allocation
Estimated FY
City /Jurisdiction
Percentage
2005/06 Cost
Carlsbad
2.65%
$18,995
Chula Visa
7.15%
$51,195
Coronado
0.76%
$5,426
Del Mar
0.17%
$1,228
El Cajon
3.81%
$27,304
Encinitas
1.68%
$12,010
Escondido
5.22%
$37,405
Imperial Beach
0.96%
$6,846
La Mesa
2.03%
$14,542
Lemon Grove
0.92%
$6,583
National City
2.43%
$17,419
Oceanside
6.13%
$43,918
Poway
1.26%
$9,031
San Diego
45.31%
$324,389
San Marcos
1.91%
$13,710
Santee
1.53%
$10,981
Solana Beach
0.39%
$2,804
Vista
3.09%
$22,156
Unincorporated
12.58%
$90,058
Total User Fees
100.00%
$716,000.00
--r . 4
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF
POWAY FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA
IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK
THIS AGREEMENT, made and entered into this 13th day of June , 2000, is by
and between the County of San Diego, a political subdivision of the State of California,
hereinafter referred to as "COUNTY ", and the City of Poway, a municipal corporation,
hereinafter referred to as "CITY ".
WITNESSETH
WHEREAS, the State Department of Justice maintains an automated system for
retaining the identifying fingerprints, said system being known as the California
Identification System, and hereinafter referred to as "Cal-ID'; and
WHEREAS, the Penal Code, Section 11112.1 et seq. provides for the
establishment of a Remote Access Network ( "RAN "), consisting of a statewide network
of equipment and procedures allowing local law enforcement agencies direct access to
Cal -ID; and
WHEREAS, the San Diego County Sheriff's Department, hereinafter referred to
as "SDSD ", is the COUNTY'S proprietary agency for San Diego County's California
Identification System/Remote Access Network, hereinafter referred to as "Cal- ID/RAN';
and
WHEREAS, San Diego County's Cal- ID/RAN is governed by San Diego County
Local Cal- ID/RAN Board, established pursuant to Section 11112.4 of the California
Penal Code, and hereinafter referred to as "RAN BOARD"; and
WHEREAS, Cal- ID/RAN provides both tenprint and latent fingerprint
identification through the use of Local Input Terminals, hereinafter referred to as "LIT's;
and
WHEREAS, CITY desires to participate in Cal- ID/RAN; and
WHEREAS, the general law and traffic enforcement services contract between
CITY and COUNTY makes no provision for Cal -ID services or funding; and
NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal -
ID/RAN services for CITY through the SDSD's LIT site pursuant to the following terms
and conditions.
I. SCOPE OF SERVICE
SDSD shall provide Cal- ID/RAN services for CITY, including all tenprint
and latent fingerprint inquiries.
S . a
II. COST
A. CITY shall reimburse COUNTY for its proportional share of the
ongoing operational costs associated with Cal- ID/RAN, based
upon the following formula, which shall be adjusted annually using
the previous year's SANDAG data.
The CITY'S percentage of total county population plus the CITY'S percentage of
FBI Crime Index divided by 2 equals the CITY'S Cal -ID Cost Allocation
Percentage
Cal -ID's annual operations costs minus fines and penalty assessments or County
General Fund equals the annual Cal -ID Net Operational Costs
The annual Cal -ID Net Operational Costs times the CITY'S Cal -ID Cost
Allocation Percentage equals the CITY'S Annual Cal -ID costs.
B. CITY'S percentage of total county population shall be based on.
SANDAG'S most recent "Population and Housing Estimates,"
which are revised annually.
C. CITY'S percentage of FBI Crime Index shall be based on,
SANDAG'S most recent issue of "Crime in San Diego Region,"
which is published annually.
D. CITY'S Cal-ID Cost Allocation Percentage shall be the average of
the CITY'S percentages of total county population and FBI Crime
Index.
E. Ongoing Cal -ID operational costs shall include those costs needed
to maintain the central computer and supporting equipment; costs
for telecommunications operations for the Cal- ID/RAN equipment;
air conditioning maintenance; tape storage; office supplies; cost for .
replacing the equipment amortized over ten years; funding for
system enhancements authorized by the RAN BOARD; utilities;
support personnel; and related costs necessary, for the operation of
Cal- ID/RAN.
F. A minimum allocation of $716,000 per year from either fines and
penalty assessments collected by the courts or County General
Funds shall be subtracted from the annual Cal 41) operational costs
described in Section II.D. above. The remaining annual net
operational costs shall be shared by all the Cal-ID user agencies.
0
i
G. CITY'S estimated Cal -ID costs are calculated on Attachment A,
which is hereby made a part of this agreement.
H. The Sheriff of the County of San Diego may, on behalf of
COUNTY, annually revise CITY'S estimated Cal -ID costs
(Attachment A), based upon the most recent SANDAG population
and FBI Crime Index statistics in accordance with Sections II.B.
II.C., and II.D., and current operational costs specified in Section
II.E. above., Such estimate, when approved by CITY and the
County Sheriff, acting on behalf of the COUNTY, shall be made a
pail of this agreement as Attachment A.
I. CITY shall be billed semi - annually based on it's proportional share
of the estimated ongoing net operational costs and agrees to pay
COUNTY for the aforementioned costs within thirty days from the
date of the invoice for such costs.
J. The first billing of each fiscal year shall be adjusted to reflect the
actual ongoing net operational costs for the previous year.
K. COUNTY shall maintain a separate accountability for purposes of
funding Cal -ID /RAN and shall provide a financial report at the end
of each fiscal year.
III. SYSTEM OPERATING POLICIES AND PROCEDURES
A. The primary purpose of Cal- ID/RAN shall be to serve all law
enforcement agencies in the COUNTY.
B. Additional law enforcement agencies may be added and users may
be removed from Cal- ID/Ran as conditions warrant.
C. Participating CITIES and COUNTY agree to abide by all State and
Federal statutes, as well as all policies adopted by COUNTY and
State or Local RAN BOARD concerning the security, privacy and
dissemination of any and all fingerprint identification data
contained in Cal- ID/RAN.
Cal -ID shall be used exclusively for law enforcement
criminal or suspected criminal fingerprint identification
purposes.
2. Cal -ID shall not be used for employment, licensing, or
certification purposes.
0 .
D. Operational policy shall be established and modified as deemed
appropriate by the RAN BOARD. This policy shall ensure that
each user is treated equitably, with primary consideration based on
each user agency's service population and crime rate.
E. Any dispute between users over operational policies established by
the RAN BOARD shall be resolved by that BOARD.
F. COUNTY agrees to ensure the proper and effective operation and
maintenance of equipment used to participate in Cal-ID /RAN.
G. COUNTY agrees to continue submitting fingerprint cards for all
specified arrests to the Department of Justice as required by law.
H. This Agreement incorporates by reference: California Penal Code
Section 11112.1 et seq. and any related legislation enacted thereto;
State Department of Justice Cal- ID/RAN Master Plan and any
changes thereto; State Department of Justice Cal- ID/RAN Policy
Manual and any changes thereto; and the San Diego County Local
RAN Board Operating Policies.
IV. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended, or otherwise changed as
provided in Section II.F., or by an amendment in writing executed by the
CITY and COUNTY.
V. TERMINATION FOR CONVENIENCE
Notwithstanding any other section or provision of this Agreement, either
party hereto may terminate this Agreement by giving a one -year advance
written notice of intention to terminate.
VI. TERM OF AGREEMENT
This Agreement shall take effect July 1, 2000 and unless sooner
terminated as provided for herein, shall terminate on June 30, 2005.
VII. INDEMNIFICATION
A. COUNTY shall defend, indemnify and hold harmless CITY, its
officers, agents, or employees from and against any and all liability
expense, including costs and legal fees incurred in connection with
claims or demands for damages if any nature whatsoever,
including but not limited to bodily injury, death, personal injury, or
property damage, arising from or caused by the acts or failures to
act of COUNTY, its officers, agents, or employees in performance
of this agreement.
B. CITY shall defend, indemnify and hold harmless COUNTY, its
officers, agents, or employees from and against any and all liability
expense, including costs and legal fees incurred in connection with
claims or demands for damages if any nature whatsoever,
including but not limited to bodily injury, death, personal injury, or
property damage, arising from or caused by the acts or failures to
act of CITY, its officers, agents, or employees in performance of
this agreement. '
IN WITNESS WHEREOF, this AGREEMENT is executed by the COUNTY OF SAN
DIEGO pursuant to action taken by the board of Supervisors, and by the CITY OF
POWAY, pursuant to action taken by the City Council.
COUNTY OF SAN DIEGO
By 'r1,t �,u��l„ J. R L,
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY
By
Deputy County Counsel
Approved and/or authorized by the Board
of Supery ors f the County of San Diego
Date.; ;00a701 Minute OrderNo._:zx
THOMAS J PAS-fUSZKA
By o
Clerk oft B_ �cd�f S ervisors
Deputy Clerk
CITY OF POWAY
B
City anager
APPROVED AS TO FORM AND
LEGALITY
By
City tt ey
0 •
ATTACHMENT A
• •
CAL-ID COST ALLOCATION CALCULATION - POPULATION AND CRIME 3/3/00
'Population estimates from Sandag's "City/County Population and Housing Estimates, January 1, 199E
1999"
"FBI Index Crime from Sandag's "Crime in the San Diego Region, 1999"
For purposes of this table crimes include criminal homicide, rape,
robbery, agg. assault, burglary, larceny and auto theft. Arson is not
included.
% OF
F.B.I.
% OF
COUNTY
INDEX
COUNTY
POPULATION
CRIME
CRIME
AVERAGE
CITY /JURISDICTION
POPULATION'
(A)
TOTAL"
(B)
(A) & (B)
—
Carlsbad - - --
— 77,550
2.72%
-- 2,187
228%
_
2.50%
Chula Vista
166,945
5.85%
7,009
7.30%
6.57%
Coronado
28,715
1.01%
566
0.59%
0.80%
El Cajon
95,546
3.35%
3,854
4.01%
3.68%
Escondido
125,597
4.40%
4,802
5.00%
4.70%
La Mesa
58,655
2.06%
2,073
2.16%
2.11%
National City
54,961
1.93%
3,008
3.13%
2.53%
Oceanside
157,869
5.53%
5,229
5.44%
5.49%
San Diego
1,254,281
43.96%
49,585
51.62%
47.79%
SHERIFF'S JURISDICTION:
Del Mar
5,328
0.19%
232
0.24%
0.21%
Encinitas
60,426
2.12%
1,390
1.45%
1.78%
Imperial Beach
28,882
1.01%
862
0.90%
0.95%
Lemon Grove
25,683
0.90%
858
0.89%
0.90%
Poway
48,393
1.70%
922
0.96%
1.33%
San Marcos
52,074
1.83%
1,589
1.65%
1.74%
Santee
57,389
2.01%
1,344
1.40%
1.71%
Solana Beach
14,152
0.50%
298
0.31%
0.40%
Vista
84,361
2.96%
2,742
2.85%
2.91%
Unincorporated County
456,451
16.00%
7,503
7.81%
11.90%
Subtotal Sheriff
833,139
29.20%
17,740
18.47%
23.83%
COUNTY TOTAL
2,853,258
100.00%
96,053
100.00%
100.00%
'Population estimates from Sandag's "City/County Population and Housing Estimates, January 1, 199E
1999"
"FBI Index Crime from Sandag's "Crime in the San Diego Region, 1999"
For purposes of this table crimes include criminal homicide, rape,
robbery, agg. assault, burglary, larceny and auto theft. Arson is not
included.
i
CAL -ID COST PROJECTION BY AGENCY 2000101
LJ
3/3/00
Sheriff's Jurisdiction
Del Mar
0.21%
ESTIMATED
Encinitas
ALLOCATION
FY 2000/01
CITY /JURISDICTION
PERCENTAGE'
COST
Police Departments:
0.90%
$5,783
Carlsbad
2.50%
$16,063
Chula Vista
6.57%
$42,214
Coronado
0.80%
$5,140
El Cajon
3.68%
$23,645
Escondido
4.70%
$30,199
La Mesa
2.11%
$13,558
National City
2.53%
$16,256
Oceanside
5.49%
$35,275
San Diego"
47.79%
$307,065
Sheriff's Jurisdiction
Del Mar
0.21%
$1,349
Encinitas
178%
$11,437
Imperial Beach
0.95%
$6,104
Lemon Grove
0.90%
$5,783
Poway
1.33%
$8,546
San Marcos
1.74%
$11,180
Santee
1 71 %
$10,987
Solana Beach
0.40%
$2,570
Vista
2.91%
$18,698
Unincorporated County
11.90%
$76,461
SUBTOTAL SHERIFF'S JURISDICTIONS
100.00%
$153,115
TOTAL USER FEES
100.00%
$642,530
PROJECTED CAL -ID USER FEES - FY 2000/01
$642,530
GENERAL FUND ALLOCATION - FY 2000/01
$716,000
PROJECTED TOTAL SHARED COSTS - FY 2000/01
$1,358,530
Allocation percentage subject to change based on updated population
and F.B.I. crime index figures.
"The cost of two SDPD CAL -ID Technicians (approx.
$89,193)
and AFIS INTERNET conference (approx. $3,227) will
be subtracted from the S.D.P.D.
billing.
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND
THE CITY OF POWAY FOR
PARTICIPATION IN SAN DIEGO COUNTY'S
CALIFORNIA IDENTIFICATION SYSTEM
REMOTE ACCESS NETWORK
THIS AGREEMENT, made and entered into this 11th day of
July , 1995, is by and between the County of San Diego, a
political subdivision of the State of California, hereinafter
referred to as "COUNTY ", and the City of Poway, a municipal
corporation, hereinafter referred to as "CITY ".
WITNESSETH
WHEREAS, the State Department of Justice maintains an
automated system for retaining and identifying fingerprints,
said system being known as the California Identification
System, and hereinafter referred to as "Cal -ID"; and
WHEREAS, the Penal Code, Section 11112.1 et seq. provides
for the establishment of a Remote Access Network ( "RAN "),
consisting of a statewide network of equipment and procedures
allowing local law enforcement agencies direct access to
Cal -ID; and
WHEREAS, the San Diego County Sheriff's Department,
hereinafter referred to as "SDSD", is the COUNTY's proprietary
a 0
agency for San Diego County's California Identification
System /Remote Access Network, hereinafter referred to as
"Cal -ID /RAN"; and
WHEREAS, San Diego County's Cal -ID /RAN is governed by the
San Diego County Local Cal -ID /RAN Board, established pursuant
to Section 11112.4 of the California Penal Code, and herein-
after referred to as "RAN BOARD "; and
WHEREAS, Cal -ID /RAN provides both tenprint and latent
fingerprint identification through the use of Local Input
Terminals, hereinafter referred to as "LIT's "; and
WHEREAS, CITY desires to participate in Cal -ID /RAN; and
WHEREAS, the general law and traffic enforcement services
contract between CITY and COUNTY makes no provision for Cal -ID
services or funding; and
NOW, THEREFORE, the parties hereto agree that COUNTY
shall provide Cal -ID /RAN services for CITY through the SDSD's
LIT site pursuant to the following terms and conditions.
I. SCOPE OF SERVICE
SDSD shall provide Cal -ID /RAN services for CITY,
:WM
a
0
including all tenprint and latent fingerprint
inquiries.
II. COST
CITY'S
PERCENTAGE
OF TOTAL
COUNTY
POPULATION
A. CITY shall reimburse COUNTY for its propor-
tional share of the ongoing operational costs
associated with Cal -ID /RAN, based upon the
following formula, which shall be adjusted
annually using the previous year's SANDAG data.
ANNUAL
CAL -ID
OPERATIONAL
COSTS
ANNUAL
CAL -ID
NET
OPERATIONAL
COSTS
CITY'S
PERCENTAGE
OF FBI
CRIME
INDEX
X
= SUBTOTAL - 2 =
FINES AND
PENALTY
ASSESSMENTS
OR COUNTY
GENERAL FUND
CITY'S
CAL -ID
COST
ALLOCATION
PERCENTAGE
-3-
CITY'S
CAL -ID
COST
ALLOCATION
PERCENTAGE
ANNUAL
CAL -ID
NET
OPERATIONAL
COSTS
CITY'S
ANNUAL
CAL -ID
COSTS
a
a 0
B. CITY'S percentage of total County population
shall be based on SANDAG'S most recent "Popula-
tion and Housing Estimates," which are revised
annually.
C. CITY'S percentage of F.B.I. crime index shall be
based on SANDAG's most recent issue of "Crime in
the San Diego Region," which is published
annually.
D. CITY'S Cal -ID cost allocation percentage shall
be the average of the CITY'S percentages of
total County population and F.B.I. crime index.
E. ongoing Cal -ID operational costs shall include
those costs needed to maintain the central
computer and supporting equipment; costs for
telecommunications operations for the Cal -ID /RAN
equipment; air conditioning maintenance; tape
storage; office supplies; cost for replacing the
equipment amortized over ten years; funding for
system enhancements authorized by the RAN BOARD;
utilities; support personnel; and related costs
necessary for the operation of Cal -ID /RAN.
-4-
F-
F. A minimum allocation of $716,000 per year from
either fines and penalty assessments collected
by the courts or County General Funds shall be
subtracted from the annual Cal -ID operational
costs described in Section II.D. above. The
remaining annual net operational costs shall be
shared by all the Cal -ID user agencies.
G. CITY's estimated Cal -ID costs are calculated on
Attachment A, which is hereby made a part of
this Agreement.
H. The Sheriff of the County of San Diego may, on
behalf of COUNTY, annually revise CITY's
Estimated Cal -ID Costs (Attachment A), based
upon the most recent SANDAG population and F.B.I
crime index statistics in accordance with
Sections II.B., II.C. and II.D., and current
operational costs specified in Section II.E.
above. Such estimate, when approved by CITY and
the County Sheriff, acting on behalf of the
COUNTY, shall be made a part of this agreement
as Attachment A.
I. CITY shall be billed quarterly based on its
proportional share of the estimated ongoing net
-5-
0
operational costs and agrees to pay COUNTY for
the aforementioned costs within thirty
days from the date of the invoice for such
costs.
J. The first billing of each fiscal year shall be
adjusted to reflect the actual ongoing net
operational costs for the previous year.
K. COUNTY shall maintain a separate accountability
for purposes of funding Cal -ID /RAN and shall
provide a financial report at the end of each
fiscal year.
III. SYSTEM OPERATING POLICIES AND PROCEDURES
A. The primary purpose of Cal -ID /RAN shall be to
serve all law enforcement agencies in the
COUNTY.
B. Additional law enforcement agencies may be
added and users may be removed from Cal -ID /RAN
as conditions warrant.
C. Participating CITIES and COUNTY agree to abide
by all State and Federal statutes, as well as
0
0
all policies adopted by COUNTY and State or
Local RAN BOARD concerning the security, privacy
and dissemination of any and all fingerprint
identification data contained in Cal -ID /RAN.
1. Cal -ID shall be used exclusively for law
enforcement criminal or suspected criminal
fingerprint identification purposes.
2. Cal -ID shall not be used for employment,
licensing, or certification purposes.
D. operational policy shall be established and
modified as deemed appropriate by the RAN
BOARD. This policy shall ensure that each
user is treated equitably, with primary
consideration based on each user agency's
service population and crime rate.
E. Any dispute between users over operational
policies established by the RAN BOARD shall be
resolved by that BOARD.
F. COUNTY agrees to ensure the proper and effec-
tive operation and maintenance of equipment used
to participate in Cal -ID /RAN.
-7-
0 0
G. COUNTY agrees to continue submitting finger-
print cards for all specified arrests to the
Department of Justice as required by law.
H. This Agreement incorporates by reference:
California Penal Code Section 11112.1 et. seq.
and any related legislation enacted thereto;
State Department of Justice Cal -ID /RAN Master
Plan and any changes thereto; State Department
of Justice Cal -ID /RAN Policy Manual and any
changes thereto; and the San Diego County Local
RAN Board Operating Policies.
IV. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended or
otherwise changed as provided in Section II.F., or by
an amendment in writing executed by the CITY and
COUNTY.
V. TERMINATION FOR CONVENIENCE
Notwithstanding any other section or provision of
this Agreement, either party hereto may terminate
Y�l�
I
0
this Agreement by giving a one -year advance written
notice of intention to terminate.
VI. TERM OF AGREEMENT
This Agreement shall take effect July 1, 1995 and
unless sooner terminated as provided for herein,
shall terminate on June 30, 2000.
VII. INDEMNIFICATION
A. COUNTY shall defend, indemnify and hold harmless
CITY, its officers, agents, or employees from
and against any and all liability expense,
including costs and legal fees incurred in con-
nection with claims or demands for damages
of any nature whatsoever, including but not
limited to bodily injury, death, personal
injury, or property damage, arising from or
caused by the acts or failures to act of
COUNTY, its officers, agents or employees in
performance of, this agreement.
B. CITY shall defend, indemnify and hold harmless
COUNTY, its officers, agents, or employees from
and against any and all liability expense,
a 0
including costs and legal fees incurred in
connection with claims or demands for damages of
any nature whatsoever, including but not limited
to bodily injury, death, personal injury, or
property damage, arising from or caused by the
acts or failures to act of CITY, its officers,
agents or employees in performance of this
agreement.
IN WITNESS WHEREOF, this AGREEMENT is executed by the
COUNTY OF SAN DIEGO pursuant to action taken by the Board of
Supervisors, and by the CITY OF POWAY, pursuant to action taken
by the City Council.
COUNTY OF SAN DIEGO
BY �w� �� Un �J �U + ' BY
Clerk, Board of Supervisors ayor, t y o y
APPROVED AS TO FORM AND
LEGALITY
BY 4 c --- ki�
Depu y County Counsel
Aooioved an (,'/Or authorized by the Board
of Supeary ors f *.he County of San Diego O
%>r Minute Order No
f`H(''- �iAS.j. r'ASTUSZKA
'= erh o' i ,.�d of upervisors
By: �1'
Deputy Clerk
-10-
APPROVED AS TO FORM AND
LEGALITY
BY
CITY'S
PERCENTAGE
OF TOTAL
COUNTY
POPULATION +
1.76% +
0 0
ATTACHMENT A
CITY OF POWAY
ESTIMATED CAL -ID COSTS
FISCAL YEAR 1995/96
(MAY BE ADJUSTED ANNUALLY)
CITY'S
PERCENTAGE
OF TOTAL
F.B.I. CRIME
INDEX =
1.00% _
SUBTOTAL
2.76%
ESTIMATED
CITY'S
CAL -ID COST
ALLOCATION
2 = PERCENTAGE
2 = 1.38%
ESTIMATED
FY 1995/96
ESTIMATED
FY 1995/96
PENALTY
FY 1995/96
CAL -ID
ASSESSMENTS
CAL -ID NET
OPERATIONAL
OR COUNTY
OPERATIONAL
COSTS
- GENERAL FUNDS =
COSTS
$1,345,828
- $716,000 =
$629,828
CITY'S
ESTIMATED
CITY'S
ESTIMATED
CAL -ID NET
CAL -ID COST
FY 1995/96
OPERATIONAL
ALLOCATION
CAL -ID
COSTS
X PERCENTAGE =
COSTS
$629,828
X 1.38% _
$8,692
/ 00
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND
THE CITY OF POWAY FOR
PARTICIPATION IN SAN DIEGO COUNTY'S
CALIFORNIA IDENTIFICATION SYSTEM
REMOTE ACCESS NETWORK
THIS AGREEMENT, made and entered into this day of
I
199,0", is by and between the County of San Diego, a
political subdivision of the State of California, hereinafter
referred to as "COUNTY ", and the City of Poway, a municipal
corporation, hereinafter referred to as "CITY ".
WITNESSETH
WHEREAS, the State Department of Justice maintains an
automated system for retaining and identifying fingerprints,
said system being known as the California Identification
System, and hereinafter referred to as "Cal -ID "; and
WHEREAS, the Penal Code, Section 11112.1 et seq. provides
for the establishment of a Remote Access Network ( "RAN "),
consisting of a statewide network of equipment and procedures
allowing local law enforcement agencies direct access to
Cal -ID; and
WHEREAS, the San Diego County Sheriff's Department,
hereinafter referred to as "SDSD ", is the COUNTY's proprietary
COUNTY CONTRACT
NUMBER 11 5go � -
N
-2_
N
agency for San Diego County's California identification
System /Remote Access Network, hereinafter referred to as
"Cal -ID /RAN "; and
WHEREAS, San Diego County's Cal -ID /RAN is governed by the
San Diego County Local Cal —ID /RAN Board, established pursuant
to Section 11112.4(a) and (c) of the California Penal Code,
and hereinafter referred to as "RAN BOARD "; and
WHEREAS, Cal -ID /RAN provides both tenprint and latent
fingerprint identification through the use of Local Input
Terminals -, hereinafter referred to as "LIT's "; and
WHEREAS, CITY desires to participate in Cal -ID /RAN; and
WHEREAS, County Contract No. 72275 -R between CITY and
COUNTY authorizes COUNTY to provide law enforcement services
for CITY, but makes no .provision for Cal -ID services or
funding; and
NOW, THEREFORE, the parties hereto agree that COUNTY
shall provide Cal -ID /RAN services for CITY through the SDSD's
LIT site pursuant to the following terms and conditions.
,
-3-
I. SCOPE OF SERVICE
SDSD shall provide Cal -ID /RAN services for CITY,
including all tenprint and latent fingerprint
inquiries.
II. COST
A. CITY shall reimburse COUNTY for its propor-
tional share of the ongoing net operational
costs associated with Cal -ID /RAN, based upon
the following formula, ahich shall be adjusted
annually using the previous year's SANDAG data.
CITY'S
PERCENTAGE
OF TOTAL
COUNTY
POPULATION',
CITY'S
PERCENTAGE,
OF TOTAL
COUNTY
CRIME
= SUBTOTAL - 2 =
ANNUAL
CAL -ID NET CITY'S
OPERATIONAL X ALLOCATION
COSTS PERCENTAGE
CITY'S
ALLOCATION
PERCENTAGE
CITY'S
CAL -ID
COSTS
N
-4-
B. CITY'S percentage of total County population
shall be based on SANDAG'S most recent "Popula-
tion and Housing Estimates," which are revised
annually.
C. CITY'S percentage of total County crime shall
be based on SANDAG's most recent issue of "Crime
in the San Diego Region," which is published
annually.
D. Ongoing net operational costs shall include
those costs needed to maintain the central
computer and supporting equipment; costs for
telecommunications operations for the Cal -ID/
RAN equipment; air conditioning maintenance;
tape storage; office supplies; cost for
replacing the equipment amortized over -ten
years; funding for system enhancements author-
ized by the RAN BOARD; utilities; support
personnel; and related costs necessary for the
operation of Cal -ID /RAN, less revenue collected
from fines and penalties by the courts and
deposited into the Cal -ID Trust Fund.
-5-
E. CITY's estimated Cal -ID costs are calculated on
Attachment A, which is hereby made a part of
this Agreement.
F. The Sheriff of the County of San Diego may, on
behalf of COUNTY, annually revise CITY's
Estimated Cal -ID Costs (Attachment A), based
upon the most recent SANDAG population and crime
rate statistics in accordance with Sections
II.B. and II.0 and current net operational costs
specified in Section II.D. Such estimate, when
s
approved by CITY and the County Sheriff, acting
on behalf of the COUNTY, shall be made a part of
this agreement as Attachment A.
G. CITY shall be bille
proportional share of
operational costs and
the aforementioned
days from the date
costs.
J quarterly based on its
the estimated ongoing net
agrees to pay COUNTY for
costs within thirty
of the invoice for such
H. The first billing of each fiscal year shall be
adjusted to reflect the actual ongoing net
operational costs for the previous year.
N M
I. COUNTY shall maintain a separate accountability
for purposes of funding Cal -ID /RAN and shall
provide a financial report at the end of each
fiscal year.
III. SYSTEM OPERATING POLICIES AND PROCEDURES
A. The primary purpose of Cal -ID /RAN shall be to
serve all law enforcement agencies in the
COUNTY.
B. Additional law enforcement agencies may be
added and users may be removed from Cal -ID /RAN
as conditions warrant.
C. Participating CITIES and COUNTY agree to abide
by all State and Federal statutes, as well as
all policies adopted by COUNTY and State or
Local RAN BOARD concerning the security, privacy
and dissemination of any and all fingerprint
identification data contained in Cal -ID /RAN.
1. Cal -ID shall be used exclusively for law
enforcement criminal..or suspected criminal
- fingerprint identification purposes.
so N
2. Cal —ID shall not be used for employment,
licensing, or certification purposes.
D. Operational policy shall be established and
modified as deemed appropriate by the RAN
BOARD. This policy shall ensure that each
user is treated equitably, with primary
consideration based on each user agency's
service population and crime rate.
E. Any dispute between users over operational
policies established by the RAN BOARD shall be
resolved by that BOARD.
F. COUNTY agrees to ensure the proper and
effective operation and maintenance of
equipment used to participate in Cal -ID /RAN.
G. COUNTY agrees to continue submitting finger-
print cards for all specified arrests to the
Department of Justice as required by law.
H. This Agreement incorporates by reference:
California Penal Code Section 11112.1 et. seq.
and any related legislation enacted thereto;
so
State Department of Justice Cal —ID /RAN Master
Plan and any changes thereto; State Department
of Justice Cal -ID /RAN Policy Manual and any
changes thereto; and the San Diego County Local
RAN Board Operating Policies.
IV. AMENDMENTS OR MODIFICATIONS
This Agreement may only be modified, amended or
otherwise changed as provided in Section II.F., or by
an amendment in writing executed by the CITY and
COUNTY.
V. TERMINATION FOR CONVENIENCE
Notwithstanding any other section or provision of
this Agreement, either party hereto may terminate
this Agreement by giving a one —year advance written
notice of intention to terminate.
VI. TERM OF AGREEMENT
This Agreement shall take effect July 1, 1990 and
unless sooner terminated as provided for herein,
shall terminate on June 30, 1995.
N
VII. INDEMNIFICATION
A. COUNTY shall defend, indemnify and hold harmless
CITY, its officers, agents, or employees from
and against any and all liability expense,
including costs and legal fees incurred in con-
nection with claims or demands for damages
of any nature whatsoever, including but not
limited to bodily injury, death, personal
injury, or property damage, arising from or
caused by the acts or failures to act of
COUNTY, its officers, agents or employees in
performance of this agreement.
B. CITY shall defend, indemnify and hold harmless
COUNTY, its officers, agents, or employees from
and against any and all liability expense,
including costs and legal fees incurred in con-
nection with claims or demands for damages of
any nature whatsoever, including but not limited
to bodily injury, death, personal injury, or
property damage, arising from or caused by the
acts or failures to act of CITY, its officers,
agents ..or employees in performance of this
agreement.
a]
-lo-
00
IN WITNESS WHEREOF, this AGREEMENT is executed by the
COUNTY OF SAN
DIEGO
pursuant
to
action
taken
by
the Board of
Supervisors,
and by
the CITY
OF
POWAY
pursuant
to
action taken
by the City Council.
COUNTY OF SAN DIEGO
BY 'r`w � i - PM T 41�
Clerk, Board of Supery ors
APPROVED AS TO FORM AND
LEGALITY
Deputy County Counsel
S- a/- y/ aQ)
Aporwod andror authorized by the Board
of Supervisors of the County of San Diego
X
6194, of the Board of Supervisors
CITY OF POWAY
o �
APPROVED AS TO FORM AND
LEGALITY
B
C
ttorney
CITY'S
PERCENTAGE
OF TOTAL
COUNTY
POPULATION +
1.80% +
ESTIMATED
FY 1990/91
OPERATIONAL
COSTS
$913,702
ESTIMATED
CAL -ID NET
OPERATIONAL
COSTS
$163,702
pp
pp
ATTACHMENT A
CITY OF POWAY
ESTIMATED CAL -ID COSTS
FISCAL YEAR 1990/91
(MAY BE'ADJUSTED ANNUALLY)
CITY'S
PERCENTAGE
OF TOTAL
CITY'S
COUNTY
ALLOCATION
CRIME = SUBTOTAL - 2
= PERCENTAGE
.66% = 2.46% - 2
= 1.23%
ESTIMATED
ESTIMATED
FY 1990/91
FY1990/91
CAL -ID
CAL -ID NET
TRUST FUND
OPERATIONAL
- REVENUES* =
COSTS
- $750,000 =
$163,702
CITY'S
ESTIMATED
CITY'S
FY 1990/91
ALLOCATION
CAL -ID
X PERCENTAGE =
COSTS
X 1.23% _
$2,014
*ACTUAL CAL -ID TRUST FUND REVENUES:
FISCAL YEAR 1987/88 - $214,640
FISCAL YEAR 1988/89 - $699,946
FISCAL YEAR 1989/90 - $714,513 (through 05/25/90 only)